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Reasonableness Factors Corporate Counsel

Venable LLP

Ninth Circuit Rules That TCPA Aggregated Statutory Damages Might Be Unconstitutionally Punitive

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​​​​​​​For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reexamining Reasonableness: What Employers Should Know About the Third Circuit’s Take on the Faragher-Ellerth Defense

The Third Circuit Court of Appeals recently issued an opinion in Minarsky v. Susquehanna County, No. 17-2646 (July 3, 2018). The decision, which vacated the entry of summary judgment in favor of an employer that had asserted...more

Seyfarth Shaw LLP

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Dorsey & Whitney LLP

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

Proskauer - Whistleblower Defense

The Northern District of New York Applies the “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Littler

Nevada Supreme Court Rules that Overly Broad Non-Compete Agreements are Wholly Unenforceable

Littler on

In July 2016, the Nevada Supreme Court held that when a non-compete agreement extends beyond what is necessary to protect the employer’s interest, the agreement is wholly unenforceable and courts may not modify or “blue...more

Jackson Lewis P.C.

Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

Jackson Lewis P.C. on

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers

Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and...more

Parker Poe Adams & Bernstein LLP

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more

Proskauer - Whistleblower Defense

Fifth Circuit Revives SOX Whistleblower Claim But Rejects Allegations Not Exhausted Before OSHA

In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more

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